Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10904 of 2018 Petitioner :- Alpana (Smt.) And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Syed Wajid Ali,Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.W. Ali, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 6.4.2018, in case crime no.118 of 2018, u/s 380 IPC, P.S. Nawabganj, district Bareilly.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the informant against the petitioners containing absolutely false, concocted and vague allegations against them. It has next been submitted that the petitioner no.1 is the wife of petitioner no.2 on account of which she has been implicated in the present case. Apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner no1, hence the impugned FIR is liable to be quashed.
Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.1 who is lady shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no.2 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018 Gaurav